Agreement and authority
These Terms of Service ("Terms") are an agreement between Obraups ("Obraups", "we", "us") and the business that subscribes to Obraups ("Subscriber", "you"). They apply when you create an account, start a trial, place an order with us, or use the Service.
If you accept these Terms on behalf of a business, you confirm that you have authority to bind it. If an order you sign with us conflicts with these Terms, the order controls for that order.
Definitions
- Service means the Obraups hosted software, including the application your staff use, the customer-facing pages Obraups provides for your business, and related support.
- Customer Data means information you or your staff users put into the Service, including information about your customers.
- Staff user means a person you allow to sign in to the Service under your account.
- Order means a quote, order form or written plan confirmation that you and we agree to, setting out your plan, fees and billing period.
Accounts and staff users
Where self-service signup is available, you can create an account yourself at obraups.com/signup; otherwise, or if you prefer, we can set it up with you. The person who creates the account confirms that they may agree to these Terms for the business, gives accurate information, and verifies the account's email address. If that email address isn't verified within 7 days, we delete the signup application, keeping only a minimal audit entry of its reference and web address.
We review every new account before its public site goes live, and we may decline an account without giving a reason. You can sign in and set up your site while we review it.
You are responsible for your staff users, for making sure each one is at least 18 and follows these Terms, for keeping sign-in details confidential, and for activity under your account. Each staff user accepts these Terms when they first sign in or join, and again after we change them.
If you suspect someone has accessed your account without permission, tell us promptly at [email protected].
Free trial
We may offer a free trial. It starts when we approve your account and lasts 14 days unless the email with your quote gives a different length. A trial doesn't require a credit card. Nothing is billed until you accept the quoted price and add a payment method. We may end a trial early, and if you don't move to a paid plan, we may close the trial account and delete its data after the trial ends.
Fees and billing
- Fees are as set out in your order or plan.
- After we review a new account, we send its price in a quote. You accept it in the Obraups application before anything is billed.
- Unless your order says otherwise, fees are billed in advance for each billing period and are due as stated on our invoice.
- Fees don't include taxes. You are responsible for sales, use and similar taxes on your purchase, other than taxes on our income.
- Fees are non-refundable, except where the law requires a refund.
- We may change our prices by giving you at least 30 days' notice. A new price applies from your first billing period that starts after the notice period ends.
- You may cancel at any time by telling us. Cancellation takes effect at the end of your current billing period, and fees already paid aren't refunded.
Acceptable use
Use the Service for your own business. You and your staff users must not:
- use the Service to break the law or to store or send unlawful, infringing or harmful content;
- send messages through the Service that the recipient hasn't agreed to receive, where the law requires that agreement;
- email people you have no lawful basis to email, or import purchased, rented or scraped contact lists;
- try to access another subscriber's account or data, or probe or test the Service's security (if you find a vulnerability, report it as described on our Security page);
- interfere with or overload the Service, or upload malware;
- copy, reverse engineer or resell the Service, except where the law allows it or we agree in writing.
Customer Data
You own your Customer Data. You give us a non-exclusive license to host, copy, process, transmit and display it only as needed to provide, secure and support the Service and as the law requires. We handle Customer Data as your service provider, as our Privacy Policy describes.
We process Customer Data only to provide, secure and support the Service, on your instructions, and as the law requires. We don't sell Customer Data or share it for cross-context behavioral advertising, and we'll tell you if we can no longer meet these commitments.
You are responsible for the accuracy and lawfulness of Customer Data, and for giving your customers any notices and getting any consents the law requires, including publishing your own privacy policy and terms.
Your data if you cancel
Your data belongs to you. If you cancel, we'll work with you to provide a copy of your Customer Data on request. After your account closes, we may delete Customer Data from the Service, except records we must keep to meet a legal obligation. Emails in your Obraups inbox, with their attachments, are deleted 90 days after your account closes. Your data export includes the messages but not their attachment files, so save any attachments you need before then.
Suspension and termination
We may suspend or end your access to the Service if you materially breach these Terms and don't fix the breach within a reasonable time after we notify you, or if fees are more than 30 days overdue. We may act immediately, with notice where practical, if your use creates a security risk, harms others, or must stop to comply with the law.
Sections that by their nature should continue after these Terms end, including fees owed, Customer Data, intellectual property, confidentiality, warranty disclaimer, limitation of liability, indemnification and governing law, continue to apply.
Availability and changes to the Service
We work to keep the Service available, but we don't promise that it will be uninterrupted, and we don't offer a service-level commitment unless your order includes one. Maintenance and unexpected outages can happen.
We may add, change or remove features over time. We won't materially reduce the core features of your paid plan during a billing period you have already paid for.
Third-party services
We rely on service providers, such as hosting and email delivery, to run the Service. If you choose to use other products or services with the Service, their own terms apply, and we aren't responsible for them.
Intellectual property and feedback
We own the Service and all intellectual property in it. While your subscription is active, you and your staff users may use the Service for your internal business purposes under these Terms. If you send us suggestions or feedback, we may use them without any obligation to you.
Confidentiality
Each party will use the other's non-public business information only for purposes of these Terms and won't disclose it to anyone who doesn't need to know it, except where the law requires. This doesn't apply to information that is or becomes public through no fault of the receiving party, or that the receiving party already had or develops independently.
Warranty disclaimer
Except as these Terms expressly state, the Service, including any free trial, is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't warrant that the Service will be error-free or uninterrupted.
Limitation of liability
To the fullest extent the law allows:
- neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if told they were possible; and
- each party's total liability arising out of these Terms or the Service is limited to the fees you paid us for the Service in the 12 months before the claim arose.
These limits don't apply to your obligation to pay fees, to your obligations under Indemnification, or to liability the law doesn't allow to be limited.
Indemnification
You will defend Obraups against any third-party claim arising from your Customer Data, from messages you send through the Service, or from your use of the Service in breach of these Terms or the law, and will pay any resulting damages, settlements and reasonable costs.
Governing law and disputes
- Governing law. The laws of the State of Texas govern these Terms, without regard to conflict-of-laws rules.
- Courts. Any dispute arising out of these Terms or the Service will be decided only by the state or federal courts located in Texas, and each party consents to those courts' jurisdiction.
- Jury trial waiver. To the extent the law allows, each party waives its right to a jury trial in any such dispute.
- Class action waiver. Each party may bring claims against the other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative action.
- Time limit. To the extent the law allows, any claim must be brought within one year after it arises, or it is permanently barred.
Changes to these terms
We may update these Terms. When we do, we'll update the effective date at the top of this page. For a material change, we'll email your account contact at least 30 days before it takes effect. If you don't agree to a change, you may cancel before it takes effect. If you keep using the Service after that, the updated Terms apply. Staff users are asked to accept the updated Terms the next time they sign in.
Notices and electronic communications
We send notices by email to the contact on your account. Send notices to us at [email protected]. You agree to receive agreements, notices and other communications from us electronically, and that they satisfy any requirement that they be in writing.
General
- Entire agreement. These Terms and your orders are the whole agreement between us about the Service.
- Severability. If any part of these Terms can't be enforced, the rest stays in effect.
- No waiver. Not enforcing a part of these Terms isn't a waiver of our right to enforce it later.
- Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition or sale of substantially all of its business.
- Force majeure. Neither party is responsible for delays or failures caused by events beyond its reasonable control, other than paying fees owed.
- Relationship. The parties are independent contractors, and these Terms create no rights for anyone else.
Contact
For questions about these Terms, email [email protected]. For anything else, see our Contact page.